RYAN, District Judge.
This suit was filed on September 7, 1950, by the assignee under an unrecorded assignment of a patent, for a declaration of validity, injunctive relief against alleged infringement and damages. Prior thereto, and on July 7, 1950, the defendant herein filed suit in the Eastern District of New York, as plaintiff against the registered owner of the patent in question for a declaration of non-validity and non-infringement. At that time, the defendant...
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